Opinion
July 14, 1992
Appeal from the Onondaga County Court, Burke, J.
Present — Boomer, J.P., Pine, Fallon, Davis and Doerr, JJ.
Judgment unanimously affirmed. Memorandum: Defendant contends that the court did not follow the mandates of CPL article 730 in determining his competency to stand trial and that, therefore, his plea of guilty to murder in the second degree and to two counts of robbery in the third degree was not knowingly, intelligently and voluntarily entered. We disagree. The court correctly relied upon the reports of two psychiatrists that found defendant competent and defendant did not request a hearing pursuant to CPL 730.30 (2) (see, People v. Paxhia, 140 A.D.2d 962, 963, lv denied 72 N.Y.2d 960; People v. Bronson, 115 A.D.2d 484). Further, the record of the plea colloquy discloses that defendant possessed a "rational and factual understanding of the proceeding" (People v. Hampton, 171 A.D.2d 1071; see, People v Thomas, 169 A.D.2d 515, lv denied 78 N.Y.2d 975; People v McGarrity, 130 A.D.2d 793, lv denied 70 N.Y.2d 714). Finally, the record establishes that defendant's guilty plea was knowingly, intelligently and voluntarily entered with the aid of counsel and after the court had fully advised him of the consequences of his plea (see, People v. Harris, 61 N.Y.2d 9; People v. Serrano, 15 N.Y.2d 304; People v. Mercedes, 171 A.D.2d 1044, lv denied 77 N.Y.2d 998; People v. O'Keefe, 170 A.D.2d 1020, lv denied 77 N.Y.2d 965; People v. Rodriguez, 162 A.D.2d 173).